Agenda Item H
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager/Rent Administrator QV_?_ FOR: City Council Meeting of March 13, 2023
SUBJECT: Mobilehome Rent Review Commission Process
RECOMMENDATION:
That the City Council direct the issuance of a Request for Proposal seeking Mobilehome Rent Stabilization Hearing Officer services in place of the MRRC processes and approve the elimination of the appeal process.
BACKGROUND/DISCUSSION:
The Mobilehome Rent Stabilization Ordinance (Chapter 15.20 of the Yucaipa Municipal Code) ("Ordinance") and Administrative Rules ("Rules") for the implementation of the Ordinance establish the Mobilehome Rent Review Commission (MRRC) to hear applications for special rent adjustments, capital improvement rent adjustments, and rent reductions based on reduction or elimination of services and amenities.
In 2011, 2018, and 2019, City Council considered options regarding the hearing and appeal procedures pursuant to the Ordinance to address the lack of interest of citizen volunteers to serve on the MRRC, the overall complexity of the Special Rent Adjustment Applications, and the long-standing issues associated with the overall process. Options presented included:
• Option #1: City Council holds evidentiary hearing to consider the application and issues final decision; appeal eliminated.
• Option #2: City Council hears the application; appeal to Hearing Officer. • Option #3: MRRC conducts evidentiary hearing; appeal to Hearing Officer. • Option 44: Hearing Officer conducts evidentiary hearing; appeal heard by City Council. • Option #5: No Change to the current process.
• Option #6: Commission holds hearing; no appeal to City Council. • Option #7: Hearing Officer holds evidentiary hearing to consider the application and makes a recommendation to City Council for consideration and final decision.
Council direction for each review was to continue with the current MRRC process (Option 45). 341
On February 26, 2020, City Council approved changing the selection process for the MRRC from at -large appointments to individual Councilmember appointments during the next term cycle. The change in the selection process was to address the difficulty in finding, filling and maintaining the five positions with qualified candidates that could understand the complexity of the documents associated with the special rent adjustment applications.
On April 12, 2021, City Council considered options for the MRRC process to address vacancies on the MRRC. Following discussion, Council directed staff to return with options for administering a stipend for the MRRC to provide somewhat of an incentive to encourage citizens to serve on the MRRC.
On June 14, 2021, City Council approved Resolution No. 2021-26, which established a stipend of seventy-five dollars ($75) per meeting attended, up to a maximum of two meetings per month.
The MRRC would be paid for meetings that address substantive matters limited to the following:
biennial review, rent adjustments by application to the commissi on, and appeal of the rent
administrators' decision of a capital improvement application and adoption of resolutions in connection with such matters.
As of February 13, 2023, three community members have been appointed to the MRRC, leaving two vacant positions. Pursuant to the Rules § 1.0006, three commissioners shall constitute a quorum. Three affirmative votes are required for the adoption of any findings and/or order pertaining to an application for any rent adjustment; for the recommendation of adoption, amendment or repeal of any rules or regulations of the commission; and for the adoption, amendment or repeal of any registration forms, application forms, or consent forms; or to take any other action. if only three members are serving on a five -member commission and they cannot come to a unanimous decision, the application would be denied and most likely would be appealed to Council. This would increase the costs associated with the overall process and would likely have financial implications for the residents of said park.
As detailed in this report, City Council has been analyzing the MRRC process for several years.
Based on these on -going reoccurring issues, staff is recommending the issuance of a Request for Proposal seeking Mobilehome Rent Stabilization Hearing Officer services in place of the MRRC processes and the elimination of the appeal process.
Staff will return with revisions to the Ordinance, Rules and all appropriate forms if Council directs staff to amend the current process.
FISCAL IMPACT:
There is no fiscal impact as a result of this item.
Approved by: � ...
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